Hokonya v Director of Prisons & Anor 1989 (1) ZLR 317 (HC)

Adams J:

The petitioner was arrested by military police in terms of the Defence Act and held in custody for some 12 days before seeking relief. The Court held that the petitioner's detention was unlawful. The provisions of the constitution are paramount and supercede all other enactments. Section 13(3) of the constitution requires that any person who is arrested shall be informed as soon as reasonably practicable of the reasons for his arrest. Section 13(4) requires that such a person must be brought without delay before a court and if not tried within a reasonable time must be released unconditionally or on reasonable conditions.

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